The Equitable Jurisdiction of the Court of Chancery: Comprising Its Rise, Progress, and Final Establishment; to which is Prefixed, with a View to the Elucidation of the Main Subject, a Concise Account of the Leading Doctrines of the Common Law and of the Course of Procedure in the Courts of Common Law in Regard to Civil Rights; with an Attempt to Trace Them to Their Sources; and in which the Various Alterations Made by the Legislature Down to the Present Day are Noticed, Volume 2Lea and Blanchard, 1850 - Equity |
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Common terms and phrases
9 Ves accumulation annuity applied appointment Beav benefit bequest bill cestui que trust charge cited Coll considered construction contract Court of Chancery covenant creditors death decree deed devise directed doctrine effect entitled equity equity of redemption evidence execution executor express Fonbl foreclosure fund gift given Hare heir held husband ibid infra intention interest Jarman land Leach legacy legatee limitation Lord Cottenham Lord Eldon Lord Hardwicke Lord Langdale Lord Northington Lord Thurlow lordship marriage Meriv mortgage mortgagor observed paid parties personal estate Phill plaintiff portion principle provision purchase real estate redeem redemption reference regards remainderman residuary residue resulting trust rule Russ settled settlement statute Sugd supra Swanst tenant testator's tion ubi sup Vern vested Vice-Chancellor wife Wigram words
Popular passages
Page 693 - ... redemption shall have been given to the mortgagor, or some person claiming his estate, or to the agent of such mortgagor or person, in writing signed by the mortgagee or the person claiming through him...
Page 351 - The question is upon the intention, actual or presumed, of the person in whom the interests are united.
Page 694 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto or his agent...
Page 215 - That no person or persons shall after the passing of this Act, by any deed or deeds, surrender or surrenders, will, codicil, or otherwise howsoever, settle or dispose of any real or personal property so and in such manner that the rents, issues, profits or produce thereof shall be wholly or partially accumulated...
Page 126 - For as a trust is an office necessary in the concerns between man and man, and which, if faithfully discharged, is attended with no small degree of trouble and anxiety, it is an act of great kindness in any one to accept it ; to add hazard or risk to that trouble, and...
Page 146 - ... trust, the indefinite nature and quantum of the subject, and the indefinite nature of the objects, are always used by the Court as evidence, that the mind of the testator was not to create a trust; and the difficulty, that would be imposed upon the Court to say what should be so applied, or to what objects, has been the foundation of the argument, that no trust was intended"; or, as Lord Eldon expresses it in another case, (a) 2 FM.JUD.
Page 218 - ... or during the minority or respective minorities only of any person or persons who under the...
Page 693 - WHEN a mortgagee shall have obtained the possession or receipt of the profits of any land or the receipt of any rent comprised in his mortgage, the mortgagor, or any person claiming through him, shall not bring any action or suit to redeem the mortgage but within twelve...
Page 285 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property, into which they are directed to be converted...
Page 136 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this jurisdiction, there was...